Township of West Goshen

ACCESSORY BUILDING

A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use and is located on the same lot.

ACCESSORY USE

A. A use conducted on the same lot as a principal use to which it is related, and located either within the same structure or in an accessory structure or as an accessory use of land, except that off-street parking may be located on a contiguous lot.
B. A use which is clearly incidental to and customarily found in connection with a particular principal use.

ADDRESS

A sign identifying a dwelling, building or lot number and/or the occupant thereof. (Refer to § § 54-6: Specifications of the West Goshen Code.)

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, or electronically or mechanically controlled still or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas as defined in this chapter.

ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE

A. A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this chapter; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities as defined in this chapter.

B. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this chapter.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which features:

A. Persons who appear in a state of nudity or seminudity;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT DAY-CARE CENTER

A facility which provides supervision and/or instruction for adults who are not all related to the caregiver or operator, on a daily basis where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed or not and whether operated for profit or not for profit.

ADULT EDUCATION CENTER

A facility in which adults meet in classes for the purpose of receiving instruction related to particular subjects.

ADULT MOTION PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

AGRICULTURE OPERATIONS

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

AIRPORT

See "commercial airport."

AIRPORT

See "commercial airport" per § 84-8: Definitions.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet from sea level, which is 465 feet.

AISLE

That portion of a parking area designed and used for motor vehicle circulation, which provides access to parking spaces.

ALTERATIONS

Include, but are not limited to, the following:

A. All incidental changes or replacement in the nonstructural parts of a building or other structure.
B. Minor changes or replacements in the structural parts of a building or other structure, including but not limited to the following examples:

(1) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided that no additional dwelling units are created thereby.
(2) Alteration of interior partitions in all other types of buildings or other structures.
(3) Making windows or doors in exterior walls.
(4) Strengthening the load-bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.

ALTERNATIVE ENERGY

A source of energy generated from solar, water, wind, geothermal or similar sources, which is capable of providing energy and utility provisions to a permitted use.

ALTERNATIVE ENERGY SYSTEM

A private system capable of converting solar, water and/or wind into a viable energy source and utility provisions for a permitted use. Such facilities are limited to solar panels, wind turbines and geothermal systems.

AMBULATORY CARE CENTER

A medical facility, including lands and buildings, not part of a hospital, in which a variety of outpatient medical services, not including emergency medical services and medical emergency support services, are provided to persons, including occupational therapy, physical therapy and rehabilitation, physical fitness and cardiac rehabilitation, speech therapy, hearing testing, behavior modification, diagnostic imaging, x-ray and nuclear medicine, outpatient surgery and procedures not requiring hospitalization (short procedures), renal dialysis, dental care, laboratory, including blood draw, collection of other bodily fluids and analysis thereof, eye care, sports medicine clinic and similar medical provider services. Transport of patients by helicopter to or from the ambulatory care facility or by other emergency medical support vehicles with sirens or other audible warning systems engaged is prohibited. Temporary lodging for those individuals recovering from the medical services performed at an ambulatory care center with a maximum duration per stay not exceeding 72 hours shall be considered an accessory use to an ambulatory care center.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities, as defined below.

APPLICANT

A landowner, subdivider or developer who has filed an application for a subdivision or land development, including his heirs, successors and assigns.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 84-111: Height limitations. of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES

These zones as set forth in § 84-110 of this article.

ASSISTED LIVING FACILITY

A facility licensed or not as such by the Commonwealth of Pennsylvania which is designated and constructed to serve the housing and personal care needs of persons age 55 years or older (provided nothing herein shall preclude residency by any person under age 55 who is handicapped), operated by a full-time staff in which supervised round-the-clock services and nursing care are provided for a period exceeding 24 hours for four or more individuals who require only intermittent care to maintain the basic needs of daily living in the areas of hygiene, cooking, cleaning, eating, nutrition, ambulatory care, recreation, community activities and mobility, general safety and similar activities of everyday living. An assisted living facility shall include special care units offering specialized care and services for residents with Alzheimer's disease or dementia. An assisted living facility does not include a nursing home, retirement community, halfway house, drug and alcohol abuse treatment or similar facility.

ATHLETIC CLUB

An enterprise operating as a business or club which charges an admission, entry or membership fee or combination thereof, whether owned by a public or private entity, which is open to the public and provides various athletic or health facilities for its members, including a combination of more than one of the following: gymnasium, swimming pool, nautilus, weights and similar conditioning equipment, tennis, handball, racquetball and similar ball courts and similar athletic facilities which are used to promote fitness and good health. An athletic club may also include as an accessory use a physical therapy facility, provided that the patients are members of the athletic club, all therapy is provided by licensed physical therapists and the area dedicated to the physical therapy does not exceed 15% of the gross floor area of the athletic club. No other professional medical services may be provided in an athletic club, including but not limited to care by a physician, chiropractor, dentist, psychologist or psychiatrist. The term "athletic club" shall be synonymous with "health club."

ATHLETIC FACILITY — INTERCOLLEGIATE COMPETITION USE

Any indoor or outdoor facility, natatorium, court, or field designed for intercollegiate sports competitions and which includes spectator seating and related amenities and any community use of same, whether for rent or by donation.

ATHLETIC FACILITY — RECREATIONAL USE

Any outdoor facility with an open, relatively level, natural or artificial turf surface or an indoor facility designed for team sports, games and recreational activities which do not require spectator seating for more than 20 people and are typically used by students for intramural sports and similar activities.

AUDITORIUM

A facility for the primary use of a university and its students providing indoor seating for meetings or live performances with a maximum seating capacity of 1,500 seats, including any community use of same, whether for rent or by donation, but not including a movie theater, adult cabaret or tavern.

AUTOMOBILE

A four-wheel motor vehicle, other than a motorcycle, intended for operation on a street or highway for the conveyance of passengers, but which may also have off-road capability; a passenger car.

AUTOMOBILE BODY REPAIR AND PAINT SHOP

The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, body and fender repair, spray painting and steam cleaning of vehicles, but excluding the sale of new or used vehicles.

AUTOMOBILE REPAIR SHOP

The repair, reconditioning and lubrication of motor vehicles and the replacement or installation of motor vehicle parts and accessories when conducted in a repair shop offering a full range of the foregoing services, but not including body and fender repair, collision repair service, spray painting or the sale of new or preowned (used) motor vehicles.

BALLOON

An air- or gas-filled device designed to attract attention. The height of such device shall not exceed 10 feet.

BANNER

A sign consisting of lightweight, flexible material that is supported by frame, rope, wires or other anchoring devices, which may or may not include copy, logo or graphic symbols. Banners across streets, alleys, and other public rights-of-way shall be permitted to promote community events or charitable, educational, fraternal, civic or service organizations (permitted banners). Banners to promote business or other commercial enterprises are prohibited. Permitted banners are subject to the following provisions:

(a) Banners meeting the above definitions will be allowed as a temporary sign not to exceed 30 days.
(b) For any lot, banners shall be limited to one banner per public street frontage.
c) Each banner shall not exceed 16 square feet in area and four feet in height.

BASEMENT

An enclosed area partly or completely below grade. It shall be considered a building story if more than 33 1/3% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area. For purposes of Article XIX, the basement shall include any area of the building having its floors subgrade (below ground level) on all sides.

BED-AND-BREAKFAST INN

An owner-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities for, and serving food and drink prepared within the building to, preregistered transient guests, which meets the requirements of § 84-57.3 of this chapter.

BILLBOARD

A type of off-site sign, or part thereof, rectangular in shape and displayed outdoors or visible from a public roadway and which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, location or political or ideological position or to express a point of view by any means, including words, letters, figures, designs, symbols, pictures, images (projected or otherwise), advertising flags, fixtures, colors or illuminations. Each substantially different face of a billboard structure shall constitute a separate billboard. Billboards do not include on-premises signs.

(a) Where allowed. Billboards shall be allowed only by conditional use pursuant to § 84-74: Conditional uses. of this Zoning Chapter in the I-1 Campus Light Industrial District and the I-2 Light Industrial District along the limited access Route 202 highway corridor (West Chester Bypass) from Route 202's inception at its point of connection with South High Street (SR322) to a terminus point located at the Route 202 northbound on-ramp at Boot Road.
(b) Billboard area. No billboard shall have an area greater than 300 square feet. Only one billboard shall be permitted on each billboard structure. No billboard shall be entitled to be increased in area pursuant to the criteria for bonus sign area otherwise provided for in § 84-52S.
(c) Multisided billboards prohibited. No billboard structure shall have more than one billboard mounted thereon. That is, no more than one side of any billboard structure shall have any message or advertisement set forth thereon. Furthermore, the face of any billboard on which any message or advertisement is set forth shall be oriented and maintained at an angle of not less than 45º to the legal right-of-way line of U.S. Route 202 and shall face the oncoming flow of traffic on that side of U.S. Route 202 on which the billboard structure is erected.
(d) Height. The top of any billboard shall not be greater than 25 feet above the grade of the cartway of U.S. Route 202 at the closest point of the cartway parallel to the center point of the face of the billboard.
(e) Setback from Route 202 right-of-way: 25 feet.
(f) Spacing. Measurements shall be made parallel to Route 202 between perpendiculars extended from the billboard locations in question.
(g) Billboards per property.

[1] Between billboards. No billboard shall be erected or located within 2,000 linear feet of an existing billboard on either side of the highway.
[2] From intersections and ramps. No billboard shall be erected or located within 200 feet of an intersection at grade with Route 202 or within 200 feet of any on-ramp to or off-ramp from Route 202.
[3] From residential districts. No billboard shall be located within 1,000 feet of any residential zoning district.

(h) Lighting.

[1] Billboard signs shall be externally lit only.
[2] Lighting shall comply with the Illuminating Engineering Society of North America's (IESNA) recommended practices and criteria in the IESNA Lighting Handbook, including but not limited to criteria for full-cutoff fixtures. Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. All lighting shall be aimed, located, designed, fitted and maintained so as not to project or reflect light onto a neighboring use or property or Route 202 or nearby intersecting road. If adjacent to a residential zoning district, the sign shall be lit only from dusk to 10:00 p.m. All lighting fixtures shall be equipped with devices which automatically extinguish the lighting at 10:00 p.m.
[3] Signs or component parts thereof that flash, blink, move, rotate, oscillate, or turn on or off intermittently, or which outline the billboard by illuminated tubing, strings of light, or other means, shall be prohibited.

BILLBOARD AREA

The facing of a billboard, including copy, insignia, background, structural supports, and border and trim. The measurement shall be determined by the smallest rectangle inclusive of all letters and images. The structural supports shall be excluded if they do not constitute a major part of the billboard or if the structure is not used to identify or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view.

BILLBOARD STRUCTURE

The frame and support assembly upon which a billboard is mounted or to which a billboard is attached, including, without limitation, all pylons set into the ground surface. No portion of any billboard structure shall extend beyond the face of the billboard that is mounted thereon. Furthermore, no billboard structure shall be permitted to remain standing for a period of more than 15 consecutive days without a billboard being mounted thereon.

BLOCK

A tract of land bounded by streets.

BREWERY PUB

An establishment used specifically for on-premises consumption of malt and brewed beverages produced on the premises or on real property immediately adjacent to the premises. The brewery pub must be licensed by the Pennsylvania Liquor Control Board or any successor agency of the commonwealth.

BUFFER ZONE

A protected strip of required yard space adjacent to a property line or district boundary line not less in width than the area designated in the applicable section of this chapter and which is left undisturbed, planted or otherwise improved with screening and landscaping as required by the applicable district regulations, but which is otherwise left unused and in the most natural possible condition.

BUILDING

Any structure which is permanently affixed to the land and has enclosing walls and a roof.

BUILDING ENVELOPE

The area on a lot defined by the applicable building setback lines and minimum rear and side yards within which the principal building must be located.

BUILDING FOOTPRINT

The area of any building measured along the perimeter of the exterior foundation walls.

BUILDING SETBACK LINE

An established line within a property, defining the minimum required distance between any structure to be erected and an adjacent right-of-way or street line. For a corner lot, the building setback line shall apply to, and define the setback from, each adjacent right-of-way or street line.

BULK

The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines, and therefore includes:

A. The size, including height and floor area, of the building or other structure.
B. The relation of the number of dwelling units in a residential building to the area of the lot.
C. All open areas in yard space relating to buildings and other structures.

BUMPER BLOCK

A low, usually concrete barrier permanently installed in parking spaces, which blocks the front wheels of a vehicle.

BUS SHELTER SIGNS

Business signs attached to the sides of public transportation bus shelters erected and maintained for the comfort and protection of the traveling public and located within PennDot rights-of-way. No more than two signs each measuring a maximum of 24 square feet in area shall be permitted on one bus shelter.

BUSINESS

A sign identifying an establishment which sells a product or provides a service or entertainment to the general public as distinguished from a sign identifying places, institutions or offices.

CANOPY

A permanent structure other than an awning made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles. A canopy is not a completely enclosed structure.

(a) Canopy signs are permitted only in conjunction with gasoline service stations and similar commercial uses where the canopy is required to provide cover for outdoor equipment and service area.
(b) No more than one canopy sign shall be allowed per canopy face and no more than two such signs per canopy shall be permitted.
(c) No part of the canopy sign shall be less than 12 feet nor more than 20 feet above ground level.
(d) A canopy sign may not encroach in the respective zoning district's minimum required yard area.
(e) The area of a canopy sign shall not exceed 20% of the area of the canopy face or 50 square feet, whichever is less.

CANOPY

A structure or portion thereof with a roof, but no outer walls, providing cover for motor vehicle fueling positions for the dispensing of motor vehicle fuel or drive-through lanes for restaurants, pharmacies or banks and financial institutions.

CELLAR

An enclosed building space more than 33 1/3% below grade which shall be considered as unhabitable for living purposes.

CENTER LINE OF STREET

See "street, center line of."

CHANGEABLE COPY

Copy containing or displaying letters, numbers, or graphics which is designed to be readily changed, either manually, electronically, or through mechanical means (e.g., animated signs with changeable letters).

CHANGING IMAGE SIGN

Any sign, display, device, or portions thereof which is designed to have the capability of movement or give the semblance of movement of the whole or any part of the sign or that displays any artificial light which is not maintained stationary or constant in intensity and color at all times when such signs are in use or, through some other automated method, results in movement, the appearance of movement or change of sign image or text. Such signs include but are not limited to electronic signs including LED, LCD, video or other automatic changeable display, rotating and revolving signs, readerboard signs, flashing signs, and wind driven signs including flags, pennants, and streamers.

CHILD

An individual considered in the law to be a minor, that is, a person under the age of 18 years.

CHILD DAY-CARE CENTER

A facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to seven or more children simultaneously, who are not all related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania, and whether operated for profit or not for profit.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision bounded by lines of sight between points at a given distance from the intersection of the center lines of intersecting streets or of an intersecting street and driveway.

COLLECTOR STREET or FEEDER STREET

A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial and commercial subdivisions shall generally be considered collector streets) or which connects a local street system with a major street or highway system.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one nontower WCF.

COMMERCIAL AIRPORT

A landing area which may be used for commercial flight operations, including charter, leasing of aircraft, aircraft sales, aircraft rental, flight instruction, air freight, aircraft maintenance and repair or any other flight activities for compensation, but excluding scheduled airlines (FAA Part 121 operations).

COMMERCIAL SERVICE

A type of retail operation wherein a service, rather than a product, is made available to the general public. Commercial services are distinguished from personal and professional services in that clients need not be present for the service to be provided. An example is dry-cleaning service.

COMMERCIAL VEHICLE

Any vehicle used in or for or designed for or adapted to or adaptable to use in a business or trade activity of any kind or any construction, excavating, earthmoving or similar equipment, regardless of the use to which such vehicle or equipment is put at any particular time, or any of the following specifically designated vehicles or motor vehicles as defined in the Pennsylvania Vehicle Code: truck, truck tractor, trailer, special mobile equipment, bus and school bus.

COMMON OPEN SPACE

Land or a combination of land and water intended for the use and enjoyment of the public, Township residents or the residents of a development as a whole and which consists of landscaped or natural terrain and which may be used as passive open space or for certain recreation specifically approved by the Board of Supervisors in the approval of the development plan. Common open space shall be either greenway lands as defined in this chapter or a common element which is owned by all members of the homeowners' or condominium association. Common open space shall be free of buildings, except for recreational and utility buildings specifically approved by the Board of Supervisors as part of the development plan. Common open space shall not include street rights-of-way, private streets, or yard areas.

COMMUNITY CENTER

A building used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.

COMMUNITY UTILITY

A utility which is owned, operated or maintained by a homeowners' association or community association for the purpose of providing sanitary sewage disposal, stormwater control, water supply, energy, telephone or other utility services within a defined service area solely within the Township or adjacent municipality.

CONDITIONAL USE

A use permitted in a particular zoning district subject to approval of the Board of Supervisors.

CONICAL SURFACED

A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

CONSTRUCTION

A sign identifying the architect(s), engineer(s), real estate broker and/or contractor(s) involved in construction and/or renovation on the property. Such sign shall be removed immediately upon completion of work.

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to consumer practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as "ground and handheld sparkling devices" as defined in APA Standard 87-1, Section *3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2, or "toy caps" as defined in APA Standard 87-1, Section *3.3.

CONTRACTOR'S ESTABLISHMENT

A commercial use which involves offices and/or the storage of supplies, equipment, machinery and materials for contractors and tradesmen such as builders, masons, carpenters and landscapers. Such use does not include retail sales of products or materials.

CONVENIENCE STORE

A retail store of not less than 3,000 square feet and not more than 5,500 square feet of gross floor area for the sale of food and beverages for off-premises consumption, personal care items and other similar items. This use may include ATM machines and the retail sale of automotive fuel under canopy. A convenience store must meet all criteria in § 84-57.12: Convenience store regulations of this chapter.

CORNER LOT

See "lot, corner."

COUNTRY HOUSE ESTATE

A residence mansion existing on the effective date of this section having a minimum floor area of not less than 10,000 square feet located on a lot of not less than 25 gross acres held in single and separate ownership.

DETACHED HOUSE

One which has yards on all four sides.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development, as defined in Chapter 72.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations or storage of equipment or materials.

DEVELOPMENT TRACT

The total area of a parcel of land intended for development of a multiple number of buildings and structures in accordance with an overall development plan.

DIRECTIONAL

An outdoor sign which guides, instructs or directs people to a place or event located on the same lot. If directional signs are part of or related to a special event, such signs shall be temporary and contain no advertising and shall require a special permit from the Zoning Officer.

DIRECTORY

A sign identifying two or more persons, agencies or establishments located in a place or location common to them all.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, that holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.

DISPLAY FIREWORKS

Defined as more fully set forth in 27 CFR 555.11 (Meaning of terms), which is incorporated herein by reference, which meet the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1 which comply with requirements for display fireworks set forth in APA Standard 87-1.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DOG DAY-CARE FACILITY

The indoor use of a building where six or more dogs are kept for the purpose of providing shelter, housing, boarding, grooming and feeding during the day.

DORMITORY, COLLEGE

A building owned or managed by a college or university which contains dwelling rooms that provide sleeping and living accommodations or apartments containing not more than four bedrooms and living quarters solely for students enrolled at the college or university which owns the dormitory.

DORMITORY, PRIVATE

A building owned or managed by a noneducational entity engaged in the business of providing student housing in the form of apartments containing not more than four bedrooms and living quarters solely for college or university students enrolled at a college or university immediately contiguous to or on the grounds of the college or university at which such students are matriculated.

DRIVE-THROUGH RESTAURANT

A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, which service to customers is either through an exterior window in the establishment or directly to parked vehicles on the premises.

DRIVEWAY

A privately owned and maintained access strip, graded and paved, intended for use as a means of vehicular access to an individual dwelling; also, a private access strip, graded and hard-surfaced, intended for use as a means of vehicular access to a parking area. The driveway(s) serving a parking area shall not provide direct access to individual parking spaces.

DWELLING

A building designed for or occupied exclusively for residential purposes, containing one or more dwelling units.

DWELLING UNIT

A single residential unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling unit types are as follows:

A. SINGLE-FAMILY DETACHED DWELLING -- A building having only one dwelling unit from ground to roof, independent outside access and open on all sides. The term "single-family detached dwelling" shall be deemed to include a modular home which is designed for transportation after fabrication in one or more segments or units and constructed so that it must be assembled on a permanent foundation and be permanently connected to utilities.
B. SEMIDETACHED DWELLING -- A building containing two dwelling units, including but not limited to twin or duplex:

(1) TWIN -- A building containing two dwelling units separated by a party wall, each having independent outside access and open space on three sides.
(2) DUPLEX -- A building containing two dwelling units from ground to roof, each of which has independent outside access, and is open on all sides.

C. SINGLE-FAMILY ATTACHED DWELLING -- A building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling from ground to roof, independent outside access, not more than two walls in common with adjacent units and open space to the front and rear (internal units) or front, rear and one side (end units); a townhouse; a rowhouse.
D. MULTIFAMILY DWELLING -- A building containing three or more dwelling units, including three-family dwelling (triplex), four-family dwellings (fourplex or quadraplex), townhouses and rowhouses (single-family attached), multiplex, and apartment buildings.

(1) FOURPLEX; QUADRAPLEX -- A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units and open space on two nonparallel sides.
(2) TRIPLEX -- A building containing three dwelling units, each of which has independent outside access, at least one party wall in common with an adjacent dwelling unit and open space on at least two sides.
(3) TOWNHOUSE; ROWHOUSE -- A single-family attached dwelling.
(4) APARTMENT -- A dwelling unit intended for rental located either within an apartment building or within a structure otherwise permitted by this chapter.
(5) APARTMENT BUILDING -- A building containing three or more apartment dwelling units separated by party walls, one or more of which dwelling units may be located from ground to roof, and common outside access and hallways, intended to be owned by a single entity and used specifically for residential purposes and originally constructed as such.
(6) MULTIPLEX -- A building containing more than four dwelling units, each having a common interior corridor or hallway access, at least one party wall in common with an adjacent dwelling unit and each unit intended to be an individually owned and occupied dwelling unit.

EDUCATIONAL USE

Land or buildings used for the establishment and maintenance of a public or private secondary or elementary school or other educational institution which is used for the primary purpose of instruction and learning. The term shall include the uses identified in § 84-57.10B and C of this chapter but shall exclude university educational facilities, driver training schools, heavy equipment training, riding schools, child day-care centers, adult day-care centers, family day-care homes and group day-care homes.

EFFECTIVE VISUAL SCREEN

A dense but not necessarily opaque barrier obstructing casual observation of an area from nearby areas. When trees or shrubbery are employed for this purpose, they shall be sufficiently dense to obstruct casual observation within the height range specified in this chapter and shall be effective at all times of the year.

EMERGENCY

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EMERGENCY MEDICAL SERVICES

The provision for the immediate care and treatment of acutely ill or injured people within a hospital initially in an emergency room, including the provision for ancillary emergency dispatch services, such as EMS units and transport to the hospital by ambulance, helicopter or similar emergency response vehicle of ill or injured people.

EMERGENCY MEDICAL SUPPORT SERVICES

Buildings and facilities for parking or storage of emergency vehicles and support personnel, such as EMS personnel and vehicles, including ambulances, helicopters and similar emergency response vehicles designed or intended for and/or engaged in the transport of acutely ill or injured people.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.

ESCORT

A person who for consideration agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

ESSENTIAL UTILITIES

Includes sewerage, water, gas and electric lines and related appurtenances used to serve development within the Township, but not including cross-county or cross-country transmission lines or other utilities not required to serve the Township.

FAMILY

One or more persons living in a single-dwelling unit and functioning as a common household. A family shall not include more than four persons who are not related to each other by blood, official foster relationship, marriage or adoption. The term "family" may specifically include a greater number of unrelated persons living within a permitted group home subject to the regulations established in § 84-57.7 of this chapter. This definition excludes occupants of a club, dormitory, fraternity, sorority house, boardinghouse or rooming house and student home.

FAMILY DAY-CARE HOME

A building used principally as a residence by one adult caregiver in which child day-care is provided simultaneously for six or fewer children who are not all related to the resident caregiver. Such residential property shall have outdoor play area of sufficient size to accommodate six children at once which shall be enclosed with at least a four-foot-high continuous barrier.

FAST-FOOD RESTAURANT

A retail establishment that sells food and beverages to the public with customers making orders at an inside service area or cafeteria line, with the food consumed either at seating areas within the building or on an approved outside dining area or for take-out consumption off the premises.

FCC

Federal Communications Commission.

FENCE

A structure or barricade of wood, stone, metal, plastic or other synthetic material, erected for the purpose of enclosing or bordering a piece of land, used to shield, confine or prevent entrance to a property; a wall as well as a structure of posts and boards, palings and pickets, rails, lattice or wire.

FINANCIAL SERVICE

A type of commercial activity wherein the service rendered is available to the general public and is related to the management of money. Examples are banks, savings and loan associations, brokerages, accountants, tax consultants, investment counselors and similar activities.

FIREWORKS

Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4 G fireworks or 1.3 G fireworks as set forth in the 2003 International Fire Code, including, but not limited to, those compositions or devices as defined in APA Standard 87-1.

FLAG

A piece of fabric or other material of distinctive design that is used as a symbol of an organization or entity, nation, state, municipality, agency or corporation and which is usually displayed hanging free from a permanent pole.

FLAGPOLE

A flagstaff designed and solely intended for the patriotic display of the flag of the United States of America, or its armed forces, the Commonwealth of Pennsylvania or any political subdivision thereof, or the flag of a group or organization, or combination thereof, and for no other purpose. A flagpole shall not include a standard antenna, a standard antenna support structure, a commercial communications antenna support structure, tower, antenna or any other structure designed, intended or capable of supporting any other use or purpose.

FLEXIBLE DESIGN DEVELOPMENT OPTION

A residential development option which is permitted by conditional use of the Board of Supervisors in the R-3B Zoning District which is intended to allow flexibility in building and dwelling unit design and to facilitate the preservation of open space for the public use and enjoyment of Township residents. A flexible design development may include semidetached dwellings, single-family attached dwellings and single-family detached dwellings subject to the design standards in Article IVB of this chapter.

FLOOR AREA

The sum of the area of the several floors of a building or buildings measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, floor area includes, but is not limited to, the following:

A. Basement space, if it meets the requirements of a building story.
B. Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
C. Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
D. Any other floor space used for dwelling purposes, no matter where located within the building.
E. Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.
F. Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
G. Any area used for outdoor dining.

FLOOR AREA RATIO

The total allowable floor area for a given lot divided by the area of that lot. (For example, a building containing 15,000 square feet of floor area on a given lot of 10,000 square feet of lot area has a floor area ratio of 1.5.)

FOOD STAND

An establishment that sells food and beverages to the public with customers being served at an exterior window or service area and where no inside seating facilities are provided and/or which primarily involves the off-site delivery of meals to the homes or businesses of customers. Licensed food trucks shall be permitted under this definition.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FORT WORTH INSERT TOWER

A nonfreestanding structure which is attached to an electrical transmission tower and houses commercial communications antennas and their support members and achieves lateral bracing by direct attachment to the transmission tower.

FREESTANDING SIGN

A sign and supporting structure which is secured to the ground and independent of any building, fence or other support. For the purpose of this definition, freestanding signs may consist of the following:

(a) GROUND-MOUNTED -- Any sign that is not affixed or attached to a building, and is securely and permanently mounted on the ground at grade level which has a support which places the bottom of the sign less than two feet from grade.
(b) POLE -- A sign which is detached from a building and supported by more than two poles or other structural supports which are architecturally dissimilar to the design of the sign.

FREESTANDING WALL

A vertical element with a horizontal length-to-thickness ratio greater than three, used to enclose, divide or protect space. Such term shall not include a retaining wall.

FRONT YARD

See "yard."

GARAGE, PRIVATE

A. An accessory structure to store and/or park four or fewer passenger motor vehicles, either attached to or separate from a principal building, in conformance with all area and bulk regulations of the zoning district involved.
B. Used only for storage purposes.

GAS AND LIQUID PIPELINE FACILITY

Includes a pipeline and all associated equipment and buildings used or intended to be used for the transportation or distribution of gases and liquids, including but not limited to, anhydrous ammonia, petroleum, or petroleum products such as propane, butane, ethane, natural gas, natural gas liquids, benzene, gasoline, jet fuel, diesel fuel, fuel oil and kerosene, and any hazardous liquids under pressure in a gaseous state or any and all liquids or gases that are defined as hazardous liquids or gases by federal or state environmental or safety statutes and implementing regulations, including but not limited to the Hazardous Liquid Pipeline Safety Act, 49 U.S.C. § 60101 et seq., as the same may be amended from time to time.

GASOLINE SERVICE STATION

An area of land, together with any structure thereon, used for:

A. The retail sale of motor fuel and lubricants and incidental services, such as lubrication and handwashing of motor vehicles.
B. The sale, installation or minor repair of tires, batteries or other automobile accessories.

GEOTHERMAL ENERGY SYSTEM

An energy-generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

GEOTHERMAL PUMP HOUSE

A structure or building used to house pumps and piping associated with a geothermal heating and cooling system. All equipment associated with such pump house must be located inside of the building or subsurface.

GOLF COURSE

A tract of ground laid out and designed in compliance with minimum USGA regulations as an outdoor course to accommodate a series of either nine or 18 holes of golf; also, a country club providing a golf course, whether publicly owned or open to the public or a privately owned club available only to those who are members. Neither a commercial driving range, miniature golf course nor chip-and-putt golf facility shall be considered a golf course for purposes of this definition.

GOVERNMENTAL UTILITY

A utility which is owned, operated or maintained by the Township, Municipal Authority or other agency or authority of the Township or Municipal Authority for the purpose of providing sanitary sewage disposal, stormwater control, water supply, energy, telephone or other utility services within a defined service area solely within the Township or adjacent municipality.

GRASSCRETE

A type of surfacing, usually concrete, wherein the paving elements are preformed and feature a pattern of perforations creating a permeable surface and allowing grass to grow within the space of the perforations.

GREEN AREA

That portion of tract or lot maintained in its natural state or landscaped with shrubs, trees, lawn and is not occupied by any buildings, paved surfaces or man-made structures.

GREENWAY LANDS

The open space land which is required to be held in single and separate ownership in a flexible design development option subject to the standards in § 84-14.6B(5) of this chapter.

GROSS DEVELOPMENT TRACT AREA

The total area of the development tract lying within the lot lines, except for areas of existing street right-of-ways.

GROSS FLOOR AREA

"Floor area" as defined in this section.

GROUND ARRAY

An arrangement of solar panels or solar energy system including frames directly supported by the ground and not mounted on a building.

GROUP DAY-CARE HOME

A building in which child day-care is provided for more than six but fewer than 12 children at any one time; a child days center.

GROUP HOME

The use of any lawful dwelling unit which meets all of the following criteria: involves the care or housing of the maximum number of persons permitted by the group home standards of § 84-57.7 of this chapter; meets all other standards of § 84-57.7; involves persons functioning as a common household; involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution or other care facility because of physical disability, old age, mental retardation or illness or other handicap as defined by applicable federal law, including § 3602(h) of the Fair Housing Act, as from time to time amended, 42 U.S.C. § 3602(h); does not constitute a treatment center; and does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, that holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.

HAZARD TO AIR NAVIGATION

An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HAZARDOUS LIQUID AND/OR GAS PIPELINE

Any transmission pipeline for liquids and/or gases including within a storage field and any pipeline used for the transmission of materials such as, but not limited to, anhydrous ammonia, petroleum or petroleum products such as propane, ethane, butane, natural gas, natural gas liquids, benzene, gasoline, jet fuel, diesel fuel, fuel oil and kerosene, and any hazardous liquids under pressure in a gaseous state or any and all liquids or gases that are defined as hazardous liquids or gases by federal or state environmental or safety statutes and implementing regulations, including but not limited to the Hazardous Liquid Pipeline Safety Act, 49 U.S.C. § 60101 et seq., as the same may be amended from time to time.

HAZARDOUS LIQUID AND/OR GASES

Any liquid or gas of any kind, including but not limited to anhydrous ammonia, petroleum, or petroleum products such as propane, ethane, butane, natural gas, natural gas liquids, benzene, gasoline, jet fuel, diesel fuel, fuel oil and kerosene, any hazardous liquid under pressure in a gaseous state and any and all hazardous liquids that are defined as hazardous by federal or state environmental or safety statutes and implementing regulations, including but not limited to the Hazardous Liquid Pipeline Safety Act, 49 U.S.C. § 60101 et seq., as the same may be amended from time to time.

HEIGHT

The vertical distance measured from the undisturbed grade at the edge of the adjacent right-of-way to the highest point of the sign. In the case of off-site signs, it is the vertical distance measured from the undisturbed grade at the edge of the adjacent right-of-way to the highest point of the sign.

HEIGHT

For the purpose of determining the height limits in all zones set forth in this article and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

HEIGHT OF BUILDING

The vertical distance measured from the average level of finished grade along all the exterior walls of a building to:

A. The highest point of the roof, in the case of a flat roof.
B. The mean height between eaves and ridge, in the case of a pitched roof.
C. The highest point on any structure which rises wholly or partly above the roofline, and whose area equals or exceeds 20% of the ground floor area of the building which supports it.

HEIGHT OF TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

HISTORIC INN

A building designated as a Class I or Class II Historic Resource in the 2013 West Goshen Township Historic Atlas which is adaptively reused for the principal use of providing sleeping accommodations to the transient public in rooms or suites. A historic inn may include additional rooms and suites built in detached buildings outside of the principal historic building. The following accessory uses may also be provided within the building(s) or on the lot: restaurant, lounge, meeting rooms, banquet facilities, retail shops, recreation facilities such as swimming pool, exercise room, sauna, spa or similar accessory uses that are commonly provided at a full service hotel.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

An accessory use which is clearly incidental or secondary to the residential use of the dwelling unit and occupies not more than 25% of total floor area of such dwelling unit or 500 square feet, whichever is less. Such use is customarily carried on within a dwelling unit by one or more occupants of such dwelling unit, except that one person not residing in such dwelling unit may be employed.

A. A home occupation does not permit the following operations:

(1) Selling articles produced elsewhere than on the premises.
(2) Having exterior displays of goods visible from the outside.
(3) Storing materials or products outside the dwelling unit.

B. Such occupation shall not require other internal or external alteration or involve construction features not customarily found in a dwelling or the use of electrical or mechanical equipment which would change the fire rating of the structure.
C. No mechanical or commercial equipment is used except such as may be used for domestic or household purposes or as deemed similar in power and type.
D. The conducting of an animal hospital, barbershop, beauty parlor, clinic or other operation which provides any type of medical, homeopathic or massage services, hospital, kennel or any similar use shall not be deemed to be a home occupation.
E. No home-related business shall be conducted as a home occupation which involves any outdoor use or activity in conjunction therewith, including but not limited to the outdoor storage of material, equipment or products, parking accommodations or the parking or keeping of employee vehicles, whether on the lot or an adjacent public street, except one employee parking space for an employee performing service solely within the home, and the accommodation of one business motor vehicle owned by the home owner not exceeding in weight and/or in length the size specified in § 84-57.2 of this Code.
F. Prior to undertaking the conduct of a home occupation the owner shall secure a permit authorizing the home occupation from the Township Zoning Officer.
G. No educational use shall be conducted as a home occupation which involves instruction or tutoring in one group to more than three individuals at any one time, or that in any manner appears as or constitutes a school.

HOME OCCUPATION

A sign that identifies only the name and/or occupation of one conducting a permitted home occupation in a dwelling.

HOME-RELATED BUSINESS

A routine and customary accessory use which:

A. Is clearly incidental to the residential use of the dwelling unit; and
B. Is not performed within a dwelling unit or accessory structure, such as is the case with a home occupation, but may be administered or managed from the dwelling unit and/or an accessory structure and complies with the standards in § 84-57.19: Student homes.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

HOSPITAL

An institution having an organized medical staff providing emergency and in-patient diagnostic, therapeutic, rehabilitation, medical and surgical care, treatment and services for the care of persons who are sick, injured, diseased, disabled or pregnant regardless of the length of time the patient remains hospitalized, including the provision for emergency medical support services; a general hospital. Nothing in this definition shall be construed to preclude either the designation of a hospital as a trauma center or the provision of mental health care and treatment within a hospital, but the term shall not include facilities caring exclusively for the mentally ill.

HOTEL/MOTEL

A building or a group of two or more detached or semidetached buildings located an a lot held in single and separate ownership, designed, intended and used principally for providing sleeping accommodations to the transient public in rooms or suites, which may include a kitchen facility and which are provided with daily maid service. The following ancillary facilities may be provided as an integral part of the facility within the building or buildings on the lot, provided, however, that no gambling or electronic gambling devices shall be permitted: restaurant, coffee shop, lounge, meeting rooms, banquet facilities and shops for the retail sale of books, papers, magazines, clothing and sundries to guests; recreation facilities for use only by registered guests, such as a swimming pool, exercise room or area, and similar ancillary facilities commonly accessory to a hotel/motel facility may be provided either in the building or immediately outside the building on the lot in an area specifically designed and designated for such ancillary use. Hotels are generally, but not exclusively, designed so that rooms are entered primarily from an interior lobby, corridor or hallway. Motels are generally, but not exclusively, designed so that access to rooms is provided directly or in close proximity to automobile parking spaces serving such units. Only for the purpose of calculating required parking spaces shall the hotel or motel rooms or suites be considered discrete from other ancillary facilities.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with material to the extent that it is resistant to infiltration by water, including, but not limited to, conventional impervious surfaces such as paved streets and driveways, compacted stone, sidewalks and walkways, concrete pavers, patios, roofs, buildings, and structures. Paving includes any hard surface, such as concrete, cobblestones, bricks, flagstones, gravel (either compacted or used by motor vehicles), or any similar material.

INDEPENDENT LIVING FACILITY

A building containing multiple residential dwelling units for persons who are age 55 years of age and older which qualifies for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder. The facility may include accessory uses such as common kitchen facilities and dining rooms, activity and meeting rooms, storage areas, recreation and exercise facilities, sundries store, administrative offices and a beauty/barber shop.

INDUSTRIAL

A sign identifying an establishment involved in any production, processing, cleaning, testing, repair, storage and distribution of materials, goods, foodstuffs and products, not involving a retail activity on the lot.

IN-LAW SUITE

A dwelling unit especially created for and limited to occupancy by a relative of the residents of the principal dwelling unit. Such unit may also house a spouse of such relative.

IN-PATIENT MEDICAL SERVICES

The care, diagnosis and treatment within a hospital of human patients by duly licensed physicians, physicians' assistants, registered nurses, dentists, dental hygienists, medical technicians, therapists, opticians, pharmacists and similar caregivers.

INSTITUTIONAL

A sign identifying a club, association, school, hospital, church, nursing home, firehouse, care facility, boarding- or rooming house, institution, cemetery or similar use.

INTERIOR LANDSCAPING

Landscaping provided in addition to those on the parking lot perimeter and occupying land which might otherwise be paved for use as a driveway, aisle or parking space.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles or the major part thereof shall be deemed to make a junkyard.

KENNEL

A use of land or buildings where two or more cats or dogs are kept on a temporary basis for the purpose of breeding, boarding, raising, training, sale or show purposes.

LANDSCAPING

The planting of grass or other appropriate ground cover in unbuilt or unsurfaced areas but not land used for agricultural purposes; includes the planting of evergreen and deciduous trees and shrubs, as well as the maintenance and replacement thereof, for the purpose of controlling erosion, retaining precipitation and protecting the public health, safety and welfare.

LAUNDROMAT

A facility which provides washing and drying machines for clothing, operated by the customer and not by employees of the facility.

LEARNING CENTER

A facility which provides supplemental educational support and tutoring services for students. Such use shall not be defined as an "educational use" and shall not include day-care facilities.

LIFESTYLE APARTMENT

An apartment building/community offering amenities such as, but not limited to, an outdoor pool, a BYOB bar and recreation area, a gym, a yoga studio, a business center, a dog washing station, and a dog run area. The lifestyle apartment shall offer more studio and one-bedroom units than two-bedroom units and shall include under-building parking. Lifestyle apartments shall not provide balconies. Lifestyle apartments shall be located within 1/4 mile of a major arterial road in the Township.

LOADING AREA

That portion of an industrial or commercial lot which provides access to the facility for cargo vehicles for the purpose of delivering supplies or raw materials or for carrying away finished products or refuse.

LOADING BERTH

That portion of a loading area which is designed to accommodate a single vehicle.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The area lying within the lot lines excluding areas of existing or proposed street rights-of-way.

LOT COVERAGE

The ratio of the total ground floor area of all buildings on a lot to the total area of the lot on which they are located.

LOT LINE, FRONT

The line separating the lot from the street line.

LOT LINE, REAR

Any lot line, except a front lot line, which is parallel to or within 45º of being parallel to and does not intersect any street line. In the case of a corner lot, the owner or developer may make a different designation. (See definition of "corner lot" for requirements.)

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line. In the case of the corner lot, the owner or developer may make a different designation. (See definition of "corner lot" for requirements.).

LOT WIDTH

The horizontal distance between side lines measured at right angles to the lot depth.

LOT, CORNER

A lot bounded on at least two sides by streets whenever the lines of such streets, when extended, form an interior angle of 135º or less. On a corner lot, each such adjacent street line shall be considered to be a front lot line and each yard contiguous to the street shall be a front yard. All of the other yards on the lot shall be considered side yards.

LOT, THROUGH

A lot having frontage on two parallel streets or a lot that is not a corner lot that has frontage on two streets, each of which may provide access to the lot.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

LUMBERYARD

A commercial activity characterized by the sale or storage of unfinished lumber products.

MAIN ASSEMBLY ROOM

An auditorium or similar large room, with or without permanent seating, intended or used for gatherings. If a facility contains more than one such room, this term shall apply to the largest.

MAJOR STREET or THROUGH HIGHWAY (ARTERIAL)

A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, or a highway on which preference is given to the through movement of traffic at the expense of cross traffic.

MANSION

The principal residential building existing on the effective date of this section located on a country house estate.

MANUFACTURED HOME

A structure intended for permanent occupancy, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEASUREMENT OF AREA AND HEIGHT OF A SIGN

For purposes of the determination of the permissible area of a sign under the provisions of this chapter, the area shall be taken as that of the smallest imaginary rectangle whose sides would touch the outer boundaries of the sign. Supports which are structural in nature and which convey no message shall be excluded from the area of the sign. In the case of a wall sign, where components are fastened to or painted on a wall within a distinctive panel clearly different in color and/or texture from the surrounding wall, the size shall be based on the dimensions of the panel. The height of a sign is the vertical distance measured from ground level to the highest point on the sign itself and/or its supporting structure.

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MEDICAL CLINIC

A medical establishment offering outpatient medical or dental services only, operated by two or more physicians or two or more dentists, working cooperatively, who are licensed to practice medicine or dentistry in the Commonwealth of Pennsylvania.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16 of 2016.

MEDICAL OFFICE BUILDING

An office building occupied exclusively by duly licensed physicians, physicians' assistants, registered nurses, dentists, dental hygienists, therapists, opticians, pharmacists and similar caregivers providing out-patient medical services.

MICROBREWERY

A facility where more than 250 barrels and less than 15,000 barrels of malt or brewed beverages are produced on-premises on an annual basis and then sold or distributed for off-premises consumption, which is not a restaurant use. A microbrewery must be licensed by the Pennsylvania Liquor Control Board or any successor agency of the commonwealth.

MICROWAVE ANTENNA FOR SATELLITE COMMUNICATION

A parabolic ground-based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite: a microwave dish.

MINERAL

An inorganic substance occurring naturally in the earth and having a consistent and distinctive set of physical properties and a composition that can be expressed by a chemical formula.

MINERAL EXTRACTION

The act or process of extracting minerals.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MINIWAREHOUSE/SELF-STORAGE FACILITY

A building or group of buildings that are divided into individual units, each of which unit is available for rent or lease to the public for the self-storage of tangible personal property. Outdoor storage is only permitted in designated locations on the property if approved in the land development plan for such use.

MINOR/LOCAL STREET

A street used primarily to provide access to abutting properties.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MONOPOLE

A WCF or site which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

MOTOR VEHICLE

A vehicle which is self-propelled by an internal combustion engine or other self-contained power source and is intended for operation on a street or highway.

MOTORCYCLE OR MOTOR DRIVEN CYCLE

A vehicle generally with two wheels in tandem, propelled by an internal-combustion engine, and sometimes having a sidecar with one wheel.

MULTIPURPOSE VEHICLE

A motor vehicle constructed on a truck chassis, equipped with four-wheel or all-wheel drive, and meeting federally regulated design criteria which incorporate approach, departure and ground clearance requirements allowing occasional off-road operation.

MULTISIDED SIGN

A sign constructed as a plane with a message on two opposing sides spaced less than one foot apart may have the full permissible design area for each face. Where a sign consists of two or more faces, not placed back to back and parallel, no face shall exceed 1/2 the permissible area specified for a sign. Furthermore, the sum of the areas of all faces shall not exceed twice the permissible area.

NFPA 1124

The National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent edition.

NIGHTCLUB ESTABLISHMENT

Any facility within a building combining a restaurant and public amusement facility as principal uses. The term includes cabarets, off-track betting-type establishments, and dinner-theaters, as well as nightclubs.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian) pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses;
B. The business shall employ no employees other than family members residing in the dwelling;
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature;
D. There should be no outside appearance of a business use, including, but not limited to, parking, signs or lights;
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood;
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood;
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area; and
H. The business may not involve any illegal activity.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Nonconforming structures include but are not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation.

NONPRECISION INSTRUMENT RUNWAY

A runway having an existing instrument-approach procedure utilizing air navigation facilities with only horizontal guidance or having area-type navigation equipment for which a straight-in nonprecision-instrument-approach procedure has been approved or planned.

NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)

All nontower wireless communications facilities, including, but not limited to, antennas and related equipment. Nontower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

NOVELTIES

Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-1, Section *3.2.

NUDE MODEL STUDIO

Any place where a person who appears seminude, in a state of nudity or who displays specified anatomical areas and is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing;
B. Where in order to participate in a class, a student must enroll at least three days in advance of the class; and
C. Where no more than one nude or seminude model is on the premises at any one time.

NUDITY or STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernible turgid state.

NURSING HOME

An extended- or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, due to advanced age, illness or infirmity, are unable to care for themselves.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 84-111: Height limitations of this article.

OFFICE

A sign identifying any office building or use.

OFFICE BUILDING

A building used primarily for business services, professional and personal services, financial services, government functions or for administrative, managerial or clerical functions.

OFFICE PARK

A group of office buildings which have been developed according to a development plan in a parklike or campuslike setting.

OFFICIAL

Those signs erected by the United States Government, the Commonwealth of Pennsylvania, the County of Chester or the Township of West Goshen which are designed to regulate, direct or inform the public.

OFF-SITE SIGN

Also known as an "off-premises sign," it is a sign, other than a billboard sign, referring to a business, industry, event or institution on a lot other than that on which the sign is located. (See § 84-52T, Special provisions.) One sign, containing only the name of a business, industry, event or institution and directional information or directional symbols, may be permitted on a lot other than the lot on which such entity is located with the approval of the Planning Commission and Zoning Officer if:
(a) The sign is limited to two square feet.

(b) The lot on which the entity is located is on a minor street and does not abut a major or collector street.
(c) The entity would not be readily located by the public without such sign.
(d) Only one such sign may be permitted for each entity, and only one such sign may be located on any single lot.
(e) The lot on which the sign is located is zoned either commercial or industrial, and written permission from the owner of same is presented to the Zoning Officer.
(f) The foregoing restrictions shall not apply to political signs.

ON-CAMPUS

Residence hall beds in the PUC District or an apartment unit bed on South Campus and all buildings located in the PUC District or the Borough of West Chester Planned University Campus District.

ON-SITE SEWER SERVICE

The disposal of sewage by use of cesspools, septic tanks or other approved means within the confines of the lot on which the use is located.

ON-SITE WATER SERVICE

The supply of water to a single user from a private well.

OUTPATIENT MEDICAL SERVICES

The care, diagnosis and treatment of human patients by duly licensed physicians, physician assistants, registered nurses, dentists, dental hygienists, medical technicians, therapists, opticians, pharmacists and similar caregivers in an outpatient setting, limited to the office of a physician, dentist or other licensed caregiver or in an ambulatory care center. Outpatient medical services shall not include any overnight stay except as otherwise permitted in connection with an ambulatory care center.

PARKING AREA

A public or private lot or structure designed and used for the storage of motor vehicles, including parking lots, garages and private driveways.

PARKING AREA/SPACE SETBACK LINE

An established line within a property defining the minimum required distance between any parking area or space to be installed and an adjacent right-of-way or street line.

PARKING GARAGE

A structure designed and used to shelter or store motor vehicles.

PARKING GARAGE

A structure, containing two or more levels, which is used to shelter or store motor vehicles.

PARKING LOT

An area of land which is used for the temporary storage of motor vehicles, wherein the vehicles are not enclosed or sheltered by a structure of any kind.

PARKING LOT, SURFACE

A parking facility, area or lot that is used as a commercial enterprise for the parking of motor vehicles.

PARKING SPACE

An open space with a dustless, all-weather surface in a parking area intended to provide a temporary storage area for one motor vehicle and designed to conform to the specifications in § 84-55E.

PARKING STALL

Interchangeable with parking space.

PASSIVE OPEN SPACE

Open space that does not include active recreation facilities (such as athletic fields) but which may include trails, picnic areas and pathways and which is primarily maintained in a relatively natural landscaped or open grass manner.

PAVED AREA

The percentage of the lot area covered by paved surfaces, including but not necessarily limited to parking areas, parking spaces, parking lots, sidewalks, walkways, driveways, patios, terraces and similar surfaces.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE

Act 247 of 1968, as amended by Act 170 of 1988, as the same is from time to time amended, cited in this chapter as "MPC."

PERIMETER LANDSCAPING

Landscaping between the paved parking area, including aisles and driveways, and property lines and street right-of-way lines.

PERSON

An individual, corporation, partnership, incorporated association or any other similar entity.

PERSONAL SERVICE

A type of service oriented to personal needs of members of the general public, but not one involving either a professional service or the retail or wholesale sales of products. Personal services include barber, hairdresser, beautician, photographer, tailor, cleaning and pressing establishment, laundromat, shoe repair, household appliance repair, locksmith, massage therapy, pet groomer and similar services.

PHARMACY/DRUG STORE

An area of land, together with any structures erected thereon, including drive-through lanes under canopy, where medical prescriptions are filled and prescription and over-the-counter drugs, medical supplies, food, beverages, personal care items, greeting cards and similar retail items are sold in one store under one operator as further limited by the criteria in § 84-57.13: Pharmacy/drug store regulations.

PHYSICAL THERAPY FACILITY

A facility where licensed physical therapists provide treatment to patients suffering from disease or injury by physical means, such as exercise, massage, infrared or ultraviolet light, heat, electrotherapy, hydrotherapy or physiotherapy.

PIPELINE IMPACT RADIUS

The distance within which the potential failure of a hazardous liquid pipeline and/or gas pipeline could have significant impact to people or property, including but not limited to noise, environmental, visual and other impacts which may be detrimental to the health, safety and welfare of the community. The pipeline impact radius for a hazardous liquid and/or gas pipeline shall be calculated in the same manner as the potential impact radius defined by federal or state laws, including, but not limited to Title 49 of the Code of Federal Regulations, as the same may from time to time be amended.

PLACE

A sign identifying a community, residential development, public facility or historic facility.

POLE SIGN

A sign that is mounted on or suspended from a freestanding pole, lamppost, or column located in or upon the ground surface to which it is attached.

POLITICAL SIGN

A type of off-site sign on which there is displayed the name of a candidate for public office, protected political speech under the First Amendment of the United States Constitution, or an office in a political party registered with an appropriate electoral or governmental entity, such as the County of Chester Board of Elections and/or the Commonwealth of Pennsylvania Department of State; a political party registered with an appropriate electoral or governmental entity, such as the County of Chester Board of Elections and/or the Commonwealth of Pennsylvania Department of State; and/or an issue to be voted upon in plebiscite or referendum at an election scheduled and to be administered by the County of Chester Board of Elections or its successor entity.

PRIMARY PARKING

That portion of a parking area which is surfaced and marked in accordance with the standards of this chapter and is suitable for daily use.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is 500 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.

PRIVATE CLUB

Any land or building which serves as a meeting place for a selected membership, paying a membership fee, together with recreation and dining facilities which are not open to the general public, and exclusive of those facilities defined herein as a "public amusement facility" or a "public recreation facility"; a lodge.

PRIVATE GARAGE

See "garage, private."

PROFESSIONAL SERVICE

A type of service provided by a licensed professional holding a degree from an accredited institution of higher learning in the discipline required for the professional service provided. Examples are physician, dentist, veterinarian, psychologist, lawyer, engineer, architect and similar professional.

PROHIBITED SIGNS

Any sign that is not permitted by the provisions of this section is hereby prohibited, with the following signs specifically prohibited:

(a) Signs that flash, move, rotate, oscillate or which outline the rooflines, doors, windows or wall edges by illuminated tubing or strings of light for advertising purposes.
(b) Signs, other than utility or municipal, attached to a utility pole, parking meter, traffic sign post, traffic signal or control device, street sign, or historical marker.
(c) Pennants, streamers, or similar devices constructed of cloth, light fabric, plastic, cardboard or other like material, or whirling or similar lighting devices, or searchlights displayed for the purposes of attracting the attention of pedestrians and motorists outside a building, except where such use is authorized by permit on a temporary basis.
(d) Inflatable balloons and similar devices intended to attract attention, except where such use is authorized on a temporary basis.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC INFORMATION DIRECTIONAL

(a) A sign containing a cautionary message, such as "Beware of Dog," "No Trespassing" or other similar cautions.
(b) A sign designating rest rooms, telephone or similar public conveniences.
(c) A sign designating handicapped parking, loading docks, no parking, entrance, exit or similar directional information.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act."

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in this Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Where the hearing to be held will include consideration of a proposed zoning amendment to the Zoning Map, then such proposed amendment must be additionally noticed by the posting along the perimeter of the affected lot at least one week prior to the date of hearing.

PUBLIC PARK

A tract of land established and owned by a governmental entity primarily for passive recreational use and enjoyment of the general public without the payment of any fee or other charge and providing such ancillary public facilities as are authorized by the governmental entity, such as walking, jogging and biking trails, ballfields and other athletic facilities, picnic areas and facilities of the same general character. A public park is permitted in all zoning districts established in § 84-4A.

PUBLIC PARKING FACILITY

A maintained parking area available and intended for use by the general public, usually but not necessarily in exchange for a fee.

PUBLIC PLACE OF AMUSEMENT or RECREATION

Any facility providing recreation and/or amusement to the general public and which may or may not charge an admission or use fee. A public place of amusement or recreation includes, but is not limited to, movie theaters, live theaters, dinner theaters, concert halls, arcades, statutorily authorized betting parlors, bowling alleys, amusement parks, fairgrounds, hockey rinks, roller- or ice-skating rinks, moonbounce facilities, batting cages, public golf courses, driving ranges, miniature golf courses, chip-and-putt golf courses, tennis courts, paddle tennis courts, squash courts, handball courts, facilities providing table games, such as billiards, pool and table tennis or any facility of the same general character.

PUBLIC RECREATION

Leisure-time activities, including but not limited to sports and entertainment that are open to anyone without restriction, except for rules and standards of conduct and use.

PUBLIC SEWER SERVICE

The disposal of sewage by use of a sanitary sewer system served by a central sewage treatment plant approved by the Pennsylvania Department of Health and operated by a municipality or designated authority or private company under the jurisdiction of the Public Utility Commission.

PUBLIC UTILITY

A public utility as that term is defined in the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq.

PUBLIC UTILITY FACILTY

A facility owned and operated by a public utility as defined in this chapter.

PUBLIC WATER SERVICE

The supply of water to a user from a public water supply approved by the Pennsylvania Department of Health and operated by a municipality or designated authority or private company under the jurisdiction of the Public Utility Commission.

REAL ESTATE

A temporary sign indicating exclusively the sale, rental, lease or development of the property on which it is located.

REAR YARD

See "yard, rear."

RECEPTION HALL

An area within a mansion on a country house estate capable of being used for rental facilities for banquets, weddings, parties, meetings, receptions and similar affairs without extensive alteration and not involving expansion or extension of the mansion and meeting the requirements of § 84-57.6 of this chapter.

RECREATIONAL VEHICLE

A vehicle which is:

A. Built on a single chassis.
B. Four hundred square feet or less when measured at the largest horizontal projection.
C. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or nontower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

RELATED or RELATIVE

Persons who are closely related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law or parent-in-law.

RENTAL BUSINESS

A commercial use in which machinery, equipment and goods are rented to customers for temporary use pursuant to a short-term rental contract, including the sale of machinery, equipment and goods as an accessory use. For the purposes of this definition, "machinery" means equipment which requires a motor to operate; "equipment" means any nonmotorized device permanently attached to and movable on wheels; and "goods" means any other rental items. This use shall not include an automobile rental facility.

RESERVE PARKING

That portion of a parking area which has been designed according to the standards in this chapter and is intended for occasional use or when the primary parking area is fully occupied.

RESTAURANT

A retail establishment furnishing food and beverages to the public for consumption on the premises or for consumption off the premises, or both. Restaurants are further classified and defined as "standard restaurants," "fast-food restaurants," "drive-through restaurants" or "food stands."

RESTRICTED ACCESS

A driveway or private street restricted by gate, automatic card access, barrier, or some manner of limited access for entry only by the owners of dwellings or their invitees.

RETAIL SALES

The sale of goods to the general public for personal or household consumption and the rendering of services incidental to the sale of such goods.

RETAINING WALL

A wall which provides lateral support to vertical slopes of soil.

RETIREMENT COMMUNITY

A development of individually owned dwelling units with restricted access limited to entry by the residents of the development which may include a community center and is designed as housing for older person as defined in Title 42, Section 3607, of the Code of Federal Regulations. The residents thereof need not be actually retired from their occupation or employment, provided that the age and other requirements of the statute are met.

RIGHT-OF-WAY

Land reserved as a street or crosswalk or for other public purposes.

ROOF

Any sign erected wholly upon or over the roof of any building or structure, with the principal support on the roof surface.

ROOFTOP ARRAY

An arrangement of solar panels or solar energy system including frames mounted on a roof, whether pitched or flat, or a building.

RUNWAY

A defined area in an airport prepared for landing and takeoff of aircraft along its length.

SCHOOL PARKING GARAGE

A structure containing two or more parking levels, which is owned and operated by a college, university, school district or entity operating a private school, designed and intended for the temporary parking of motor vehicles of students and faculty of an educational use.

SELF-STORAGE FACILITY

See "miniwarehouse."

SEMINUDE

The state of dress in which clothing partially or opaquely covers specified anatomical areas.

SERVICE STATION

Facility for the sale of gasoline and other petroleum products to the general public, including repair and maintenance of motor vehicles; a gasoline service station.

SETBACK

See "building setback line."

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. Activities between male and female persons and/or person of the same sex when one or more of the persons is in a state of nudity or seminudity.

SEXUALLY ORIENTED BUSINESS

Adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

SHED

A detached building or structure having no permanent foundation with dimensions which are not greater than 250 square feet in area and 12 feet in height measured at the peak of the roof and which is used solely for storage and not for the housing of animals or as living or sleeping quarters.

SHOPPING CENTER

A discrete use allowed only in the C-2 Commercial Shopping Center District, designed and developed as an integrated unit, consisting of multiple retail sales and personal service uses permitted in the C-2 District by the use regulations of § 84-21, arranged as contiguous but separate stores, shops and establishments in one or more buildings and sharing common vehicular and pedestrian access and parking.

SIDE YARD

See "yard, side."

SIGN

For definitions related to signs, see § 84-52B of Article XIV: Supplemental Regulations.

SIGN, GENERAL

Any name, nameplate, emblem, painting, banner, pennant, placard, billboard, poster, panel display, illustration, structure or other device, illuminated or nonilluminated, used for visual communication, which is affixed in any way, painted or represented, directly or indirectly, upon a building or other outdoor surface or on the interior of a building visible from the exterior, advertising a business, commodity, product, service, person, firm, company or direction or identifying a business, structure or the use of land, for the purpose of bringing the subject thereof to the attention of passersby.

SILO

A tall cylindrical structure that is located on a farm and is used to store crops for animal feed.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

SINGLE CONTINUOUS COMMON TRACT/RESIDENTIAL BOUNDARY

All of the title line courses and distances and portions thereof which are shared by the tract and one or more parcels, which form an uninterrupted residential use. The deviation between two adjacent courses of more than 15º shall make the meeting point of the two courses the ends of two single continuous common tract/residential boundaries.

SITE

A parcel of land that contains a wireless communications facility and associated parking.

SOLAR ENERGY COLLECTOR

A structure used to collect energy from the sun that is used to produce heat or electricity.

SOLAR ENERGY SYSTEM

The components and subsystems that in combination convert solar energy into electric energy suitable for use. The term is limited to photovoltaic solar power systems.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

SPECIAL EVENT

A sign identifying a grand opening, parade, festival, fund drive or similar occasion.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in Subsection A and B above.

SPORTS FACILITIES BUSINESS SIGNS

Business signs located within a football stadium, baseball field or similar playing fields owned or operated by a not-for-profit organization or entity, advertising a business, service, product, organization or entity, the proceeds from the rental of which are used and expended to support the programs and objectives of such not-for-profit organization or entity. No more than one sign measuring a maximum of 16 square feet in area shall be permitted for each 500 square feet of playing field or ground floor stadium area. Such signs may be located on walls, fences, light poles and scoreboards but shall not be mounted on roofs nor be freestanding.

STACKING SPACE

Off-street space for a motor vehicle waiting to enter a parking area or car wash. Stacking spaces may occupy the driveway(s), and each space shall occupy a block 10 by 20 feet. Stacking spaces shall not be delineated by painted lines.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

STEEPLE

A tall tapering structure narrowing to a point at the top that is located on the roof of or is a part of the superstructure of a church or other place of worship.

STORY

That portion of a building located between the surface of any floor and the next floor above it. If there is not more than one floor, the space between any floor and the ceiling next above it shall be considered a story.

STREAMER

A long narrow flag, banner, tinsel or roping which is hung or strung from any structure.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET LINE

A right-of-way line.

STREET, CENTER LINE OF

A line which is an equal distance from both street lines.

STRUCTURE

Any man-made object having ascertainable stationary location on land or water or on land and water, whether or not affixed to the land. The term "structure" shall include, but not be limited to, buildings, signs, fences, walls, towers, swimming pools, porches, garages, flagpoles, windmills, watertowers, silos, solar energy collectors, and similar constructions. "Structures" shall be interpreted as including the words "or part thereof".

STRUCTURE

As defined in § 84-8: Definitions, but also to include any object, including a mobile or immobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

STUDENT

Any individual who is enrolled or has made application and been accepted at a university, college or trade school and is taking at least six credit hours and whose primary occupation is as a student or who is on semester or summer break from studies at a college, university or trade school. The term ?student? shall apply to both undergraduate and graduate students alike.

STUDENT HOME

Living arrangement for at least two students up to a maximum of four students (as defined in this chapter) unrelated by blood, marriage or legal adoption. A student home shall not include dormitories.

STUDENT HOUSING

A building owned and managed by a private school, college or university or by a private entity which owns and operates student housing for college or university students recognized and approved for such purpose by the college or university at which such students are enrolled, which contains dwelling rooms, apartments or other living units that provide sleeping and living accommodations solely for students enrolled at the private school, college or university. Student housing shall not include the conversion or the use of single-family dwellings for the purpose of renting rooms or space to individuals attending a school, college or university.

STUDENT RECREATION CENTER

The building, rooms or area on a college or university campus that is devoted to student recreation and socialization, offering a variety of programs, activities, services, and facilities. It may include, but not be limited to: sports courts, game rooms, lounges, wellness centers, entertainment venues, meeting rooms, bowling alleys, cultural or other similar amenities.

STUDENT SERVICES

A building or room(s) on a college or university campus set aside for the department or division of services and support for students which may include, but not be limited to: academic advising, financial aid, career development, course registration, tutoring services.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of the structure, cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of the structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

SUBSTANTIALLY CHANGE

A. Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B. Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SWIMMING POOL

A temporary or permanent structure containing a pool of water with a minimum depth of two feet.

TEMPORARY SIGNS

Any sign erected for a period of time not to exceed 30 consecutive days in any one calendar year. A political sign shall not be considered a temporary sign pursuant to this chapter.

TEMPORARY STRUCTURE

A structure other than a permanent facility with fixed utility connections which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items; the term includes temporary retail sales stands, tents, canopies, and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under this chapter.

THROUGH LOT

A lot (with the exception of a corner lot) that has frontage on two public streets.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

TRACT COVERAGE

The total gross area of a tract of land that is covered by impervious coverage, such as principal and accessory buildings, structures, streets, driveways, parking areas, sidewalks, pathways, recreational facilities and other similar surfaces that prohibit or slow the percolation of water into the soil.

TRACT PERIMETER

The outer boundaries, usually title lines, that circumscribe, delimit and define the gross area of a tract of land.

TRANSITIONAL SURFACES

These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TRANSMITTER

Any instrument, equipment or device that generates or amplifies or is capable of generating or amplifying a carrier wave or impulse, modulates it with a signal, as derived from speech, music, images or other sources, and radiates the resulting signal from an antenna for conveyance to a remote receiver, whether land-based or satellite.

TRAVEL CENTER

A facility which provides roadside assistance, travel planning and reservations, insurance sales, and other services incident to travel and transportation. Such use may also include as an accessory use an automobile repair shop.

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of addiction to alcohol and/or a controlled substance; a type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others; or a halfway house for adult criminal offenders or juvenile delinquents.

TREE

Any object of natural growth.

TRUCK

A motor vehicle designed, used and maintained primarily for the transportation of goods and materials, whether natural or man-made. Trucks are classified according to size by the number of axles, as follows: two-axle, three-axle, four-axle and combination vehicles (tractor and trailer or semitrailer) as specified in the Pennsylvania Vehicle Code.

TRUCK TERMINAL

An area and building for the maintenance and storage of trucks and where cargo is stored and where trucks load and unload cargo on a regular basis.

TRUCK, BOX TYPE AND VAN TYPE

A van-type and/or box-type truck is one that is constructed with a fully enclosed cargo area designed and intended for the carriage of goods and materials and which has no capability to compress the load. The van-type truck is generally smaller than the box-type truck.

UNIVERSITY

The buildings and grounds of an institution of higher learning accredited by an agency recognized by the United States Department of Education or successor agency (e.g., Middle States Commission on Higher Education).

UNIVERSITY BOOKSTORE FACILITIES

A building or room(s) on a college or university campus set aside for the receiving, storage and retail sale of textbooks, apparel, gifts, office supplies, and sundries for the benefit of the students, faculty and staff.

UNIVERSITY EDUCATIONAL FACILITIES

Land or buildings used by a university as defined herein for instruction and learning, including classrooms, laboratories, and libraries, and any community use of same, whether for rent or by donation. The term shall exclude driver training schools, heavy equipment training, riding schools, child day-care centers, adult day-care centers, family day-care homes and group day-care homes.

UNIVERSITY FOOD SERVICE FACILITIES

A building or room(s) or vehicle on a college or university campus set aside for the receiving, storage, preparation and consumption of food and beverages for the benefit of students, faculty and staff or temporarily to serve at such events as fairs, banquets and athletic contests.

UNIVERSITY GYMNASIUM

An indoor facility wholly devoted to the provision of equipped spaces, athletic equipment, and supporting services designed to promote physical fitness and recreation for university students and any community use of same, whether for rent or by donation.

UNIVERSITY HEALTH AND COUNSELING FACILITIES

A building or room(s) on a college or university campus, set aside to provide integrated medical, mental health, and wellness services for students. Facilities may include, but not be limited to exam rooms, meeting rooms and offices for: physicians, psychiatrists, psychologists, nurse practitioners, social workers, counselors, nurses, medical assistants, therapists and athletic trainers, and any community use of same, whether for rent or by donation.

UNIVERSITY MAIN CAMPUS

The existing and future buildings, structures, parking lots and facilities owned, used and/or operated by West Chester University of Pennsylvania or successor university, located within the Planned University Main Campus District, or in the Planned University Campus District in West Chester Borough or East Bradford Township, but excluding the West Chester University Business Center.

UNIVERSITY OFFICES, ADMINISTRATIVE AND FACULTY

A use that involves administrative, clerical, financial, institutional operations or operations of a similar character specific to the operation of the university. This use shall not include retail, commercial or industrial uses.

UNIVERSITY PHYSICAL PLANT FACILITIES

A building or room(s) on a college or university campus, set aside for the necessary infrastructure required for the daily operation and maintenance of the campus buildings, including heating, cooling, plumbing, lighting and communications.

USE

Any purpose for which a building or other structure or a tract or lot of land may be designed, arranged, intended, maintained or occupied, or for which land or buildings are used, occupied or maintained; also any activity, occupation, business or operation carried on in a building or other structure on a tract of land.

UTILITY INSTALLATION

A facility owned and operated by an electric company, water company, sewage disposal company, telephone company, cable television service, pipeline company or such similar entity which is an integral component of the infrastructure of that entity. For the purposes of this chapter, such facility shall be considered to be separate from administrative and office space.

UTILITY USES, FACILITIES AND STRUCTURES

Telephone, electric, cellular, internet, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or utility service.

WALL

One of the sides or surfaces of a building or structure connecting the foundation and roof, which side or surface is not more than 15º from the vertical. All materials comprising the "wall," including window and door areas, shall comprise a part of the wall surface.

WATER ENERGY SYSTEM

A type of geothermal energy system in which water is pumped from a water well or other groundwater source into a heat exchanger. A water energy system can be either closed loop (where the pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes) or open loop system (where the water drawn from the earth is pumped back into the ground through a different well as "re-injection").

WATER PRESSURE

The hydrostatic, hydrodynamic, buoyant, impact, uplift and other forces associated with flooding.

WATERTOWER(S)

A structure owned and operated by a company which is regulated by the Pennsylvania Public Utility Commission that is used to store water; a watertank.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WHOLESALE SALES

A commercial activity involving the sale of commodities in large quantities or in bulk to retailers or jobbers, rather than directly to consumers.

WIND ENERGY SYSTEM

A device that is used to produce electricity from wind and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator, also referred to as a "wind turbine."

WINDMILL

A machine that is worked by the wind by means of vanes that radiate from a central shaft, which is used to produce energy or perform work.

WINDOW

Any translucent and/or transparent surface, whether or not any such surface can be opened.

WINDOW SIGN

Any sign affixed to or painted upon the interior or exterior surface of a window. or otherwise displayed, whether self-standing, hanging or mounted, in such proximity to the window as to be predominantly visible from the exterior of the building or structure.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

WOMEN'S TEMPORARY RESIDENTIAL CARE CENTER

A facility owned and operated by a charitable not-for-profit organization qualified as such under Section 501(c)(3) of the Internal Revenue Code or comparable provision, which provides temporary (no more than five years) housing and support services to women, including their children, temporarily unable to provide shelter and care for themselves. A women's temporary care center may provide accessory child day-care services for not more than six children unrelated to such women occupying a dwelling unit, but is not and shall not be construed or interpreted to be a group home, group day-care home, family day-care home, child day-care center, nursing home, assisted-care facility, treatment center, penal facility, transitional-living facility or halfway house.

YARD

That portion of the lot which is unoccupied and open to the sky and extends from the lot line to the structure.

YARD, FRONT

The yard extending along the full length of the front lot line.

YARD, REAR

A yard extending the full length of the rear lot line.

YARD, SIDE

A yard extending along the side lot line from the required front yard to the required rear yard.

ZERO LOT LINE UNIT

An individual unit or building which may be conveyed, sold or transferred absent any required minimum yard, lot width, green area or lot area or maximum building or impervious coverage.

ZONING OFFICER

An individual appointed by the Board of Supervisors to administer and enforce the provisions of this chapter. The term includes such Deputy Zoning Officers as are appointed by the Board of Supervisors.

Township of West Goshen, PA

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